Loading...
HomeMy WebLinkAboutRESOLUTION - 32-86 - 4/22/1986 - LOC ACCEPT/BETTER LIVING SUBRESOLUTION NO. 32-86 A RESOLUTION ACCEPTING AN IRREVOCABLE LETTER OF CREDIT FROM ARLINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION IN THE AMOUNT OF $83,100.00 TO GUARANTEE COMPLETION OF PUBLIC IMPROVEMENTS IN BETTER LIVING SUBDIVISION NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the President and Board of Trustees do hereby authorize the acceptance of an Irrevocable Letter of Credit from Arlington Federal Savings and Loan Association in the amount of $83,100.00 to guarantee the completion of public improvements in the Better Living Subdivision, the legal description as fully described in Exhibit "A" attached hereto and made a part hereof, and in accordance with engineering drawings and spec- ifications with revisions dated March 18, 1986, prepared by Norman J. Tober- man, 615 W. Rockwell, Arlington Heights, Illinois and approved by the Engineer- ing Department of the Village of Elk Grove Village on April 14, 1986. Said letter of Credit No. LC-EGV-1986-1 becoming effective March 21, 1986 and expiring July 1, 1987. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 22nd APPROVED this 22nd ATTEST. Patricia S. Smith Village Clerk day of April , 1986. day of April , 1986. Charles J. Zettek Village President EXHIBIT "A" LEGAL DESCRIPTION THE SOUTH 290 FEET (MEASURED ALONG THE EAST LINE) OF THE EAST 450.65 FEET (MEASURED ON THE SOUTH LINE) OF THAT PART OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY BEGINNING AT A POINT IN THE WEST LINE OF SAID QUARTER 21.44 CHAINS (1415.04 FEET) NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4; THENCE SOUTH 87 DEGREES EAST 1479 FEET TO AN IRON STAKE IN THE CENTER, OF ROAD; THENCE NORTHERLY IN THE CENTER OF SAID ROAD 450.89 FEET TO AN ANGLE IN SAID ROAD; THENCE NORTH IN THE CENTER OF SAID ROAD 84.11 FEET TO AN IRON STAKE; THENCE NORTH 89 AND THREE FOURTHS DEGREES WEST 1499.4 FEET TO A POINT IN THE WEST LINE OF SAID QUARTER 535 FEET NORTH OF PLACE OF BEGINNING; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER 535 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. cA ton -Feder - - - -" Campbell and Evergreen Streets, Arlington Heights, III. 60005 (312) 255-9000 IRREVOCABLE LETTER OF CREDIT Completion Guaranty Letter of Credit No._,C1C pgp6_� DateMarch 21, 1986 Village of Elk Grove Village Amount $83,100.00) 901 Wellington Avenue Project Better Living Subdivision Elk Grove, Illinois 60007 Completion Date April 1, 1987 (1 yr. minimum) Expiration Date July 1, 1987 (90 days after completion date) Gentlemen: We hereby establish our Irrevocable Straight Letter of Credit in your favor for the account of Better Living Company, Inc., 530 S. Arlington Heights Road, Arlington Heights, Illinois, hereafter called the "Developer", in the agrregate amount of Eighty Three Thousand One Hundred and 00/100ths Dollars, U.S. Currency, available by your draft drawn on sight and marked "Drawn under Arlington Heights Federal Savings and Loan Association # LC-EGV-1986-1 dated ?March 21, 1986 " These monies are to guarantee the completion of public improvements for the following project: BETTER LIVING SUBDIVISION, 500 S. Arlington Heights Rd., Elk Grove, Illinois (the "Project") described in the engineering plans and specifications with revisions dated March 18, 1986, prepared by Norman J. h Tober*an,Associates,615 W. Rockwell, Arlington Heights, Illinois, approved on 1986 and agreements (including any amendments thereof) on the property legally described in Exhibit A (attached hereto and made part thereof). Monies may be drawn on sight by the Village of Elk Grove Village when accompanies by the following document: ARLINGTON HEIGHTS FEDERAL SAVINGS AND LOAN ASSOCIATION A signed statement by the Village Manager or any other duly authorized official of the Village of Elk Grove Village certifying that any portion of the site improve- ments has not been satisfactorily completed in accord- ance with the Approved plans and specifications with revisions dated March 18, 1986, prepared by Norman J. Toberman Associates' fi615 [ypR;lockwell' ' Arlington Heights ,I{ _ rIAF .. - Illinois, approved on 1986 &V— and agreements (including any amendments thereof) for the following project: BETTER LIVING SUBDIVISION the "Project"), on property legally described in Exhibit A. (Attached and made part of). The improvements in the above described project consist of: (X appropriate boxes). 71 Watermain and Appurtenances ElSanitary Sewer and Appurtenances DStorm Sewer and Appurtenances 1J Roadway (Curb & Gutter, Pavement) 1X1 Sidewalk 7X1 Street Lights ElParkway (Trees, etc.) D Traffic Control (Signals, Signs, Markings) DPonds (Detention/Retention) Excavation (Soil Erosion Control, Stockpile) Other These improvements itemized above shall be completed on or before April 1 , 1987. If said improvements have not been properly installed and satisfactorily completed on or before that date as reasonably determined by the Village Engineer, then the Village of Elk Grove Village (the "Village") is hereby granted authority to draw upon this Irrevocable Letter of Credit for the purpose of completing fully said improvements in accord- ance with the provisions herein and above set forth. The principle amount of this Irrevocable Letter of Credit shall not be reduced for any public improvements installed or completed unless such reduction is approved by the Village Engineer in writing and then only 2 in the exact amount of such payments less 10% for interim maintenance. This remaining amount shall never be reduced to an amount less than 110% of the estimated costs to complete the remaining public improvements plus 10% of the cost of the completed public improvements as a guarantee for maintenance purposes. The Village may submit its sight drafts as herein above provided without the consent of the Better Living Co., Inc., 530 S. Arlington Heights Road, Arlington Heights, Illinois, or any other party. Partial drawings are permitted under this Irrevocable Letter of Credit. Said drafts may be submitted for payment for a ninety (90) day period following the completion date of this Irrevocable Letter of Credit and said draft shall be duly honored upon presentation during the ninety day (90) days in accordance with the terms and provisions herein contained. If, within thirty (30) days of the date of any demand (made in con- formity with this Irrevocable Letter of Credit) presented, we fail to honor same, we agree to pay all attorney fees, court costs and other reasonable expenses incurred by the Village of Elk Grove Village in enforcing the terms of this Irrevocable Letter of Credit. The amount of each draft must be endorsed on the reverse side of the original Irrevocable Letter of Credit by the Village Engineer and attested by the Clerk. This Irrevocable Letter of Credit shall be utilized to secure the installation of all improvements required under the Municipal Code of the Village of Elk Grove Village and specified on the engineering drawings and in the specifications and agreements. This Irrevocable Letter of Credit shall not operate as a limitation upon the obligation of the Better Living Company, Inc. to pro- perly completely install all improvements required by the Village of Elk Grove Village. It is a condition of this Irrevocable Letter of Credit that it shall be automatically extended for one year from the present expiration date hereof unless thirty (30) days prior to such expiration date the Village Manager shall notify the undersigned in writing, certified mail, return receipt requested that he or she, based upon the advice and supporting documentation from the Village Engineer that he or she does elect not to arbitrarily request renewal of this Irrevocable Letter of Credit for such additional one (1) year period without due cause. The undersigned shall notify the Village Manager, by certified mail, return receipt requested, at least ninety (90) days prior to said expira- tion date that said Irrevocable Letter of Credit is about to expire. It is expressly agreed by the undersigned that the expiration date shall be automatically extended as shall be required to comply with this notice provision and the requirements stated previously. 3 This Irrevocable Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credit, the International Chamber of Commerce Publication #290, most recent revision," except as herein above modified. Issuing By: We hereby agree with the drawers, indorsers, and bona fide holders of drafts drown in compliance with the terms of this credit that they shall be SEAL honored on presentation. Dated: March 21, 1986 tial In titution: ARLINGTON HEIGHTS FEDERAL SAVINGS & LOAN ASSOC. Executiive Vice President Vice President Developer/Owner "The undersigned hereby acknowledges the absolute right of the Village of Elk Grove Village to draw on this Irrevocable Letter of Credit subject to the conditions herein set forth and waives any right to enjoin the Village from so proceeding." Date: BETTE LIVID C�NY, NC Developer/Owner: (1) ,� 1,G(L-,/,/��/��0 r (2) *Note: (1) If property is in a trust, attach a copy of the Trust Agreement as an Exhibit. 4 04i,s 0rust Agrrrm nt,dated this----2nd--------day of---_SanuarV-----------........ 19--86 --- ........ and known as Trust Number -------- 1636---------------------------- is to certify that the MOUNT PROSPECT STATE BANK- a corporation of Illinois as trustee hereunder, is about to take title to the following described real estate Cook -------•------ County, Illinois, to-wn; THE SOUTH 290 FEET (MEASURED ALONG THE EAST LINE) OF THE EAST 450.65 FEET (MEASURED ON THE SOUTH LINE) OF THAT PART OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY BEGINNING AT A POINT IN THE WEST LINE OF SAID QUARTER 21.44 CHAINS (1415.04 FEET) NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHEAST 1/4; THENCE SOUTH 87 DEGREES EAST 1479 FEET TO AN IRON STAKE IN THE CENTER OF ROAD; THENCE NORTHERLY IN THE CENTER OF SAID ROAD 450.89 FEET TO AN ANGLE IN SAID ROAD; THENCE NORTH IN THE CENTER OF SAID ROAD 84.11 FEET TO AN IRON STAKE; THENCE NORTH 89 AND THREE FOURTHS DEGREES WEST 1499.4 FEET TO A POINT IN THE WEST LINE OF SAID QUARTER 535 FEET NORTH OF PLACE OF BEGINNING; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER 535 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. otherwise known as No..........500 S. Arlington Heights Rd., Elk Grove Villa . . . .... ger •Illinois ......................................................................................................... and that when it has taken the title thereto, or has accepted title, in writing, to any other real estate deeded to it as trustee hereunder, it will hold it for the uses and purposes and upon the trusts herein set forth. The following named persons shall be entitled to the earnings, avails and proceeds of said real estate according to the respective interests herein set forth, to -wit: Better Living Co., Inc., an Illinois Corporation IT IS UNDERSTOOD AND AGREED between the Parties hereto, and by any person or persons who may become entitled to any interest under this trust, that the interest of any beneficiary hereunder shall consist solely of a power of direction to deal with the title to said property and to manage and control said property as hereinafter provided,and the right to receive the proceeds from rentals and from mortgages, sales or other disposition of said premises, and that such right in the avails of said property shall be deemed to be personal property, and may be asrlg,ed and transferred as such; that in case of death of any beneficiary hereunder during the existence of this trust, his or her right and interest hereunder shall, except as herein otherwise specifically provided, pass to his or her executor or administrator, and not to his or her heirs at law; and that no beneficiary now has, and that no beneficiary hereunder at any timeshall have any right, title or interest in or to any portion of said real estate as such, either legal or equitable, but only an interest in the earnings, avails and proceeds as aforesaid. The death of any bneficiary hereunder shall not terminate the trust nor in any manner affect the powers of the trustee hereunder. No assignment of any beneficial interest hereunder shall be binding on the trustee until the original or a duplicate of the assignment is lodged with ;he trustee and accepted by the trustee and every assignment of any beneficial interest hereunder, the original or duplicate of which shall not have been lodged with and accepted by the trustee, shall be void as to all subsequent assignees or purchasers without notice. Nothing contained in this agreement shall be construed as imposing any obligation on the trustee' to file any income, profit or other tax reports or schedules, it being expressly understood that the beneficiaries from time to time will individually make all such reports, and pay any and all taxes, required with respect to the earnings, avails and proceeds of said real estate or growing out of their Interest under this trust agreement. In case said Trustee shall make any advances of money on account of this Trust or there is any dispute, controversy or litigation on account of holding title to said real estate or in connection with this Trust, or in case said Trustee shall be compelled to pay any sum of money on account of this Trust, whether on account of breach of contract, injury to person or property, fines or penalties under any law or otherwise, the beneficiaries hereunder do hereby jointly and severally agree that they will on demand pay to the said Trustee, with interest thereon at the rate of 7% per annum, all such disbursements or advances or payments made by said Trustee, together with its expenses, including the reasonable fees of its attorneys, and that the said Trustee shall not be called upon to convey or otherwise deal with said property at any time held hereunder until all of said disbursements, payments, advances and expenses made or incurred by said Trustee shall have been fully paid, together with interest thereon as aforesaid. owever, nothing herein contained shall be construed as requiring the Trustee to advance or pay out any money on account of this Trust or to prosecute or defend any legal proceeding involving this Trust or any property or interest thereunder unless it shall be furnished with funds sufficient therefor or be satisfactorily indemnified in respect thereto. In the event the Trustee is served with process or notice of legal proceedings or any other matter concerning the Trust or the Trust property, the sole duty of the Trustee in connection therewith shall be to forward the Process or notice by first class mail to the parson designated herein as the person to whom inquiries or notices shall be sent or, to the absence of such designation, to the beneficiaries. The last address appearing in the records of the Trustee shall be used for such mailing. It shall not be the duty of the purchaser of said premises or of any part thereof to see to the application of the purchase money paid therefor; nor shall any one who may deal with said trustee be required or privileged to inquire into the necessity or expediency of any act of said trustee, or of provisions of this instrument. This trust agreement shall not be placed on record in the Recorder's Office of the county in which the land is situated, or elsewhere, however the recording of the same shall not be considered as notice of the rights of any person hereunder, derogatory to the title or powers of said trustee. The Trustee may at any time resign by sending by registered mail a notice of its intention so to do to each of the then beneficiaries hereunder at his or her address last known to the Trustee. Such resignation shall become effective ten days after the mailing of such notices by the Trustee. In the event of such resignation, a successor or successors may be appointed by the person or persons then entitled to direct the Trustee in the disposition of the trust property, and the Trustee shall thereupon convey the trust property to such successor or successors in trust. In the event that no successor in trust is named as above provided within ten days after the mailing of such notices by the Trustee, then the Trustee may convey the trust property to the beneficiaries in accordance with their respective interests hereunder, and the deed of conveyance may be recorded or registered, as the case may be, by the Trustee- or the Trustee may, at its option, file a bill for appropriate relief in any court of competent jurisdiction. The Trustee notwithstanding such resignation shall continue to have a first lien on the trust property for its costs. expenses and attorneys' fees and for its reasonable compensation. Every successor Trustee or Trustees appointed hereunder shall become fully vested with all the estate, properties, rights, powers, trusts, duties and obligations of its, his or theiredecessor. Mi,erj It is understood and agreed by the parties hereto and by any person who may hereafter become a party hereto, that said Mount Prospect State Bank will deal with said real estate only when authorized to do so in writing, and that (notwithstanding any change in the beneficiary or beneficiaries hereunder) it will, on the written direction of The President and the Secretary/Treasurer as designated in writing to the Trustee on a Certified Resolution of the Board of Directors of Better Living Co., Inc. or will on the written direction of such other person or persons as shall be from time to itme named in writing by the beneficiary or beneficiaries, or on the written direction of such person or persons as may be beneficiary or beneficiaries at the time, make deeds for, or otherwise deal with the title to said real estate, and may upon direction of the beneficiaries or their legal representatives, convey the trust property directly to another trustee on behalf of said beneficiaries, or others named by said beneficiaries, provided, however, that the trustee shall not be required to enter into any personal obligation or Liability in dealing with said land or to make Itself liable for any damages, costs, expenses, fines or penalties, or to deal with the titin so long as say money is due to it hereunder. Said power of direction shall Include the right to direct the trustee in mattars regarding receipt, payment or disposition of funds or proceeds to which the beneficiaries are entitled. The trustee shelf not be required to inquire into the propriety of any such direction. The beneficiaries by written Instrument delivered to the trustee may revoke the foregoing power of direction and designate the person or persons thereafter to exercise the power of direction. Such instrument $hW be signed by all beneficiaries at that time. Mortgagee or Trust Deeds made and executed by the Trustee may include waiver of any and all rights of redemption from sale under any order or decree of foreclosure of such Mortgage or Trust Deed. Nothing contained in this agreement shall be construed as imposing any obligation on the trustee to file any income, profit or other tax reports or schedules, it being expressly understood that the beneficiaries from time to time will individually make all such reports, and pay any and all taxes, required with respect to the earnings, avails and proceeds of said real estate or growing out of their interest under this trust agreement. The beneficiary or beneficiaries hereunder, in his, her or their own right shall have the management of said property and control of the selling, renting and handling thereof, and said trustee shall have no duty in respect to such management or control, or the collection, handling or application of such rents, earnings, avails or proceeds, or in respect to the pay- ment of taxes or assessments or in respect to insurance, litigation or otherwise, except on written direction as hereinabove Rrovided, and after the payment to it of all money necessary to carry out said instructions. No beneficiary hereunder shall ave any authority to contract for or in the name of the trustee or to bind the trustee personally. If any property remains in this trust twenty years from this date or any extension thereof, it shall be sold at public sale by the trustee on reasonable notice, and the proceeds of the sale shall be divided among those who are entitled thereto under this trust agreement. n 3 The Trustee shall receive for its services in accepting this Trust and taking title hereunder the sum of S -res ---A'- ------------ and in addition each year in advance for holding title after one year from the date hereof an annual in as determined by the Trustee's then current rate schedule and also its regular scheduled fees for executing deeds, mortgages or other instruments. It shall receive reasonable compensation for any special services which may be rendered by it and for taking and holding any other property which may hereafter be conveyed to it hereunder, which fees, charges and other compensation the beneficiaries jointly and severally agree to pay. If the value of the property is increased for any reason after the Trustee has accepted title thereto, the Trustee shall be entitled to a reasonable additional annual in, in accordance with its scheduled fees for holding title to the property. IN TESTIMONY WHEREOF, the Mount Prospect State Bank has caused these presents to be signed by its Trust Officer and attested by its Assistant Secretary, and has caused its corporate seal to be hereto attached as and for the act and deed of said corporation, the day and date above written. MO ROSPECr STATE BANK By ........ _:........... .............:. ......... .. t .... . h s± TrusOfficer Attest: ................................................................................ Assistant Secretary And on said day the said beneficiaries have signed this Declaration of Trust and Trust Agreement in order to signify their assent to the terms hereof. irle`cer Lieing Co. Inc. 530 S. Arlington Heights .... Rd.,1�:�V,4#6( .......... ....... ....... .................. AL] ....................................................... Address Social Securit No. (or I.D.) Arlin ton Hei Heights, IL 60005 By: . ... ...... .----•....................... ...._g...................................................................................... AL] President Address Social Security No. (or I.D.) G............ [seALl ....... OF ....� ../ • .,.. ....... L] tretary/Treasurer ..........................................................................]SEAL] �J Social Security No. (or I.D.) Address Social Security No. (or I.D.) ..................................................................................................... Address Social Securit..No. (or I.D.) May the name of any beneficiary be disclosed to the public?.......... NR................................................................................ beneficiary Refer written inquiries, bills, legal notices and other matters by first class mail to.......................................................................... May oral inquiries be referred directly?..... .................To whom?.................................................................................... 1040 S. Arlington Heights Rd. Attorney for beneficiaries....._Robert J. Sabin,,,,,Arli.RB.C.9.B...N.E.g)?.i.S.,...7T+._...b.Q.00.S................................. LL C c.i F co w d 0Hey H c aw w ® 7 M � Z v n A s Q F E LL